HARRIS v. BANKS

Civil Action No. 16-16906.

EARL KEITH HARRIS, v. JODY BANKS ET AL. SECTION "J" (2).

United States District Court, E.D. Louisiana.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Earl Keith Harris, Plaintiff, Pro Se.

Jody Banks, Defendant, represented by Daniel Rault Martiny , Martiny & Associates & Jeffrey David Martiny , Martiny & Associates.


ORDER

CARL BARBIER, District Judge.

The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of either party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,

IT IS ORDERED that plaintiff's complaint against Sheriff Newell Normand and his claims against Deputy Banks concerning false prison disciplinary charges are hereby DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a claim under 28 U.S.C. § 1915(e)(2) and 42 U.S.C. § 1997e(c)(1).

IT IS FURTHER ORDERED that further proceedings are required as to the claims against defendant Jody Banks, because plaintiff's complaint asserts cognizable claims under Section 1983 of excessive force and false criminal charges against Deputy Banks.

IT IS FURTHER ORDERED that the assigned magistrate judge conduct further proceedings to determine (a) if counsel should be appointed from this court's Civil Pro Bono Panel to represent plaintiff in this matter, and (b) if all parties consent to proceed before a United states Magistrate Judge pursuant to 28 U.S.C. § 636(c).


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